In Nevada, an accident victim may have the right to seek financial compensation for their injuries and losses by filing a personal injury claim against the party responsible for their injuries. However, they cannot file their personal injury lawsuit whenever they like. A law known as a statute of limitations imposes a deadline on filing legal claims. Claimants must adhere to the statute of limitations or risk jeopardizing their right to compensation.
Understanding Nevada’s Personal Injury Laws
Personal injury laws in Nevada give accident victims the right to pursue compensation for their losses if someone else’s negligence, recklessness, willful actions, or other legal fault caused them harm. A personal injury claim can provide an accident victim with financial recovery for ongoing and future losses such as medical expenses, lost wages, and pain and suffering.
What is the Statute of Limitations in Nevada?
In most cases, the time limit for personal injury claims in Nevada is two years. The clock starts ticking at the moment of injury. You have two years from that date to file a lawsuit against the party(s) that caused your injuries or who otherwise bears liability for them.
Exceptions to the Statute of Limitations
Under certain circumstances, the statute of limitation may pause (or “toll.”) Some of the most common exceptions to the two-year deadline for personal injury claims include:
- Minors – The statute of limitations on a minor’s personal injury claim does not begin running until the child turns 18. That means a minor must file their claim within two years of their 18th birthday.
- Discovery rule – Sometimes, a person doesn’t immediately realize they suffered an injury. The discovery rule states that the two-year limitations period begins on the date you discover your injury (or should have reasonably discovered it).
- Fraudulent concealment – Courts may toll the limitations period when a defendant intentionally conceals information or evidence that would put an injured victim on notice of their claim.
- Out-of-state defendant – The limitations period does not run during any period when the defendant is outside Nevada.
The deadline differs if you file a personal injury claim against a government agency or employee in Nevada. In those cases, claimants must file a notice of claim within 180 days of the incident or risk dismissal.
How Can an Attorney Help Me Navigate the Statute of Limitations?
A personal injury attorney can help you navigate the Nevada personal injury statute of limitations by investigating your claim and reviewing the facts to determine the deadline that applies to your case. An attorney can also determine whether circumstances in your case might toll the statute of limitations, giving you more time to file your personal injury lawsuit.
Consequences of Missing the Deadline
Courts strictly enforce the statute of limitations. When an injured victim files a lawsuit after the limitations period has expired on their claim (including after any periods of tolling), they risk giving the defendant a basis to file a motion to dismiss the lawsuit. When a dismissal occurs, the injured victim loses the right to demand financial compensation for their injuries.
Contact THE702FIRM Injury Attorneys Today
If you suffered injuries in an accident in Nevada due to another party’s negligence or fault, you have limited time to pursue a legal claim to recover compensation for your harm and loss. Contact THE702FIRM Injury Attorneys for a free, no-obligation consultation to learn more about filing a personal injury lawsuit in Nevada.
